JYOTI RASTOGI Vs. STATE OF U P

JUDGEMENT

(1.) -The petitioner has prayed for quashing the entire selection proceedings, including select list prepared after interviews held on 6.7.2003 for appointment to the post of Assistant Lady Teacher in Other Backward Classes category in Sri Chandra Gupta Mahila Vidyalaya Junior High School, Roshanganj, District Shahjahanpur, and for restraining respondent Nos. 2 to 4 to issue appointment letter to respondent No. 5.

(2.) BRIEF facts giving rise to this writ petition are that Sri Chandra Gupta Mahila Vidyalaya Junior High School, Roshanganj, District Shahjahanpur is a recognised and aided Junior High School. The appointment and other service conditions of the teachers of the institution are regulated by the provisions of U. P. Recognised Basic Schools (Junior High Schools) Rules, 1978 (in short the Rules of 1978). Rule 4 provides that the minimum qualification for the post of Assistant Teacher shall be Intermediate examination by the Board of High School and Intermediate Education, U. P. or equivalent examination, (with Hindi and Teachers' Training Course recognized by the State Government or by the Board as such Hindustani Teachers' Certificate, Junior Teaching Certificate, Basic Teaching Certificate or Certificate of Training). Rules 5 and 6 provide for eligibility and disqualification. Rule 7 provides for advertisement of vacancies to be made in daily newspaper giving particulars as name of the posts, minimum qualification and age limit and the last date of receipt of applications. Rule 9 provides for Selection Committee. For appointment of Assistant Teachers in the institution other than minority institution, the Management is required to constitute a Selection Committee. The Committee shall include the Manager, Head Master of the recognised school in which the appointment is to be made, and a nominee of the District Basic Education Officer. The procedure for selection is provided in Rule 10. The relevant provision of the procedure for selection provided in Rule 10 is quoted as below :

(3.) AN impleadment application to implead Smt. Sushila Rastogi and Sri Brijesh Chandra Saxena, Head Mistress and Manager of the school was allowed on 9.9.2003. On the same date notices were issued, in pursuance of which, a counter-affidavit has been filed by Sri Ashwani Kumar Rastogi, husband and pairokar of respondent No. 5. Shri Shabad Ali, Principal of the school and Manager have also filed their counter-affidavits through their counsel Sri B. B. Jauhari and Sri Subodh Kumar.